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(5.45) If a school district uses emergency behavior interventions such as physical restraint on my child, what must the school district do and what must I do?

(5.45) If a school district uses emergency behavior interventions such as physical restraint on my child, what must the school district do and what must I do?

If the school uses emergency behavior interventions on your child, school districts must notify you of this within one school day. [Cal. Ed. Code Sec. 56521.1(e).] The school district should also fill out a behavioral emergency report with information about the events leading up to the use of the emergency behavior intervention and describe the use of the intervention. The district must place this in your child’s file. [Cal. Ed. Code Sec. 56521.1(e).] The district is not required to give you a copy of this report unless you request it. You should make a written request for this report if you learn that an emergency behavior intervention was used on your child.

If your child does not have a behavioral intervention plan, then the school district must schedule an IEP meeting within two days of the emergency intervention to determine whether a functional behavioral assessment is needed and to determine whether your child needs an emergency behavior plan while the assessment is being done. [Cal. Ed. Code Sec. 56521.1(g).]  If your child already has a positive behavior intervention plan, the district must schedule an IEP meeting to review and maybe change this plan if the school has used an emergency behavior intervention on your child because your child has engaged in behavior not covered in the plan or your child’s plan has not been effective in addressing the behavior. [Cal. Ed. Code Sec. 56521.1(h).]

If you are informed that your child’s school used a behavioral emergency intervention on your child such as restraint or seclusion, you should remind the school district of their obligation to schedule an IEP meeting to develop a new or modified behavior support plan for your child. If the school district does not do this, we recommend that you file a compliance complaint.